Professional Documents
Culture Documents
DISPUTE SETTLEMENT
PROCESS
Overall aim:
to secure
compliance with
the Agreements
Quasi-judicial Nature
Secured access
Detailed procedures
Automaticity in the
proceedings
Deadlines
Possible appeal
Dispute Settlement in
the WTO
(Main players)
Dispute Settlement
Body (DSB)
Panel and Appellate
Body
Parties: WTO
Members
WTO Secretariat
Dispute Settlement in
the WTO
Main Procedures
C o n s u lt a t io n s
P anel
60 days
9 months
A p p e la t e B o d y
90 days
I m p le m e n t a t io n
15 months
3
Ministerial Conference
Appellate Body
Dispute Settlement Body
(General Council)
Panel
Request for Panel
by WTO Member
CONSULTATIONS: THE
REQUEST
CONSULTATIONS: IF NOT
SUCCESSFUL
If consultations fail to resolve the matter within 60
days from receipt of request
Or if no response or no entering into consultations
ESTABLISHMENT OF
PANELS
Request for
establishment:
establishment
must identify the specific
measures at issue and provide
a brief summary of the legal
basis of the problem sufficient
to present the problem clearly
Establishment
at the latest at the second DSB
meeting at which the request
is made; decided by negative
consensus
COMPOSITION OF
PANELS
Panel Composition
(Article 8 DSU)
well-qualified
government and/or nongovernmental individuals
Secretariat proposals
indicative list of panellists
nomination by DG
APPELLATE REVIEW
Appeals limited
to issues of
law and legal
interpretations
developed
by
the panel
Appeal
only
open to parties
to the dispute
It consists on
seven members
members
to
have
recognized
authority
and
expertise in
international
trade law
members
unaffiliated with
any government
APPELLATE PROCEDURE
1.
Notice of Appeal
2.
Written Submissions
3.
Oral Hearing
4.
Exchange of Views
5.
IMPLEMENTATION: REASONABLE
PERIOD OF TIME
Determination of reasonable
period
of
time
for
time
implementation:
proposed by Member, and
approved by DSB, or
mutually agreed by the parties, or
determined through arbitration:
arbitration
guideline for the arbitrator:
15 months from the date of
adoption (Article 21.3 DSU)
IMPLEMENTATION: SURVEILLANCE
10
THANK
S
11